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HomeMy Public PortalAbout19760714 - Agendas Packet - Board of Directors (BOD) - 76-20 *%1Meeting 76-20 or 0(aw MIDPENINSULA REGIONAL PARK DISTRICT Regular Meeting Board of Directors A G E N D A July 14, 1976 7 : 30 P.M. Midpeninsula Regional Park District 745 Distel Drive Los Altos, CA (7 : 3 0) ROLL CALL APPROVAL OF MINUTES - June 9, 1976 June 23, 1976 July 7 , 1976 WRITTEN COMMUNICATIONS ADOPTION OF AGENDA ORAL COMMUNICATIONS NEW BUSINESS WITH ACTION REQUESTED (7 : 45) 1. Proposed Acquisition of Picchetti Property - II . Grench (a) Report (b) Resolution of the Board of Directors of the Midpen- insula Regional Park District Authorizing Exercise of Option to Purchase Real Property, Authorizing officer to Execute Certificate of Acceptance of Grant to Dis- trict, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Picchetti Property) (8 : 15) 2. Stevens Creek-Shoreline Nature Study Area - H. Grench (a) Report (b) Resolution of the Board of Directors of the Midpen- insula Regional Park District Approving and Providing for the Execution of a Project Agreement for Land and Water Conservation Fund Project No. 06-00467 , Stevens Creek Shoreline Acquisition, by and between the Mid- peninsula Regional Park District and the State of Cal- ifornia, Resources Agency, Department of Parks and Recreation. SPECIAL ORDERS OF THE DAY (8: 20) 3. Appointment of Interim Directors for Newly Annexed Area - N. Hanko (over) Meeting 76-20 A G E N D A Page two NEW BUSINESS WITH ACTION REQUESTED (continued) (8 :40) 4. Possible Rescheduling of July 28 Meeting - N. Hanko INFORMATIONAL REPORTS (8 :50) EXECUTIVE SESSION - Land Negotiations and Personnel Matters ADJOURNMENT I M-76-100 W MIDPENINSULA REGIONAL PARK DISTRICT MEMORANDUM July 1, 1976 TO: Board of Directors FROM: A. Crosley, District Clerk SUBJECT: Review of Minutes of June 9 , 1976 At its June 23, 1976 meeting, the Board of Directors asked that the District Clerk review the tapes of the meeting of June 9 , 1976 to determine the accuracy of statements in paragraph three, page four and in paragraph five, page seven of the June 9 minutes. 1. Below is a transcript of statements made relevant to paragraph three, page four of the June 9 minutes : D. Wendin: I haven't read my Roberts Rules of Order recently, but I think I can move, I move, to ask reconsideration of a motion which has passed at this time. I ' d like to have us reconsider the charge of the committee we formed, if I may. I think that if the Board is to decide at the next meeting that we are going to appoint rather than wait, then we must decide at the next meeting the procedure we are going to use. And I think the Subcommittee should be charged with returning at the next meeting with the recommended procedure in their back pocket ready to go if we so decide, because if we don't and then have to wait another meeting before we decide on the procedure, or we have questions that we have to have answered by staff. . . N. Hanko: Well, first, we have a motion to reconsider item No. 1 - Dan moves reconsideration of item No. 1. I 'll second the notion. All those in favor, aye. . .opposed? K. Duffy: Is that what we 're voting on? D. Wendin: No, all I 'm asking is that the charge of the com- mittee be expanded so that when we consider the question next meeting we have a proposed procedure and timing on the table. N. Hanko: This will require that we meet. . .are you also sug- gesting that two members of the San Mateo Citizens Committee participate in this? M-76-100 Page two D. Wendin: That' s up to us. N. Hanko: All right, well, I would be willing to expand the charge to include that. It will certainly mean our meeting, though, won't it? Next week or this week. Well, I think we could meet next week and develop something. . .All right, Dan has moved that the charge of the Subcommittee be expanded to include a procedure for appointment of interim Directors. I second the motion. There are a couple of members of the audience who would like to speak on this. (Discussion regarding propriety of including citizens on the subcommittee when it determines a schedule for appointment of interim Directors) E. Shelley: Would it be appropriate to have two subcommittees, both consisting of the same members of the Board? n. Wendin: That' s cleanest. N. Hanko: Yes, that ' s cleanest. All right, fine, then you've changed your motion, and I 'll agree with it. D. Wendin: No, just let me make a new motion, withdraw the original one, and let me move that Nonette and I be appointed as a Subcommittee to return at our next meeting with a proposed procedure and schedule to be used in the event that the Board decides to appoint Directors. N. Hanko: I' ll second that. Is there any discussion by the Board on that? The audience? Are you ready to vote? All in favor say aye. . .any opposed? 2 . Upon reviewing the tape during the discussion of the report of the Trails Task Force Subcommittee on Bicycle Routes , it was determined that the statement attributed to G. Jennings in paragraph five on page three of the June 9 minutes should have been attributed to D. Jennings. AC M-76-20 AA. (Meeting 76-20 , Agenda item No. 1) AW&W 0 dim MIDPENINSULA REGIONAL PARK DISTRICT REPORT July 9 , 1976 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Proposed Acquisition of Picchetti Property Introduction: On June 28 , 1976 , the District acquired an option to purchase approximately 200 acres of land known as the Picchetti Ranch. According to the terms , the option shall be exercised by July 30 , 1976. The proposed acquisi- tion lies adjacent to Stevens Creek County Park and thus could provide a supplemental public use area as well as permanent scenic backdrop for the City of Cupertino. Size, Location and Boundaries : Five irregularly shaped par- cels form a U-shaped unit of land along the slopes of the eastern foothills of the Santa Cruz Mountains (see attached map) . The 200 acre site is bordered to the north and west by Montebello Road, to the south by private land holdings and to the east by Stevens Canyon Road with Stevens Creek County Park lying below. The property lies within the Sphere of Influence of the City of Cupertino and partially provides the City with visual relief to the southwest. Topography, Geology and Soils : The southwestern portion of the property is composed of steeply sloping and highly un- stable hillsides. Running northeasterly, the topography varies drastically from narrow canyons formed by erosion to gentle ridges and knolls. The northwestern portion of the property includes rolling swales and a small slack pond. Near the center of the property, a gentle but prominent hill dominates the landscape. There are existing trails to the top of the hill where hikers are afforded pleasant views of the foothills and Stevens Creek Reservoir. Soils on the upper southern and western slopes appear to be of the Los Gatos-Gaviota-Vallecitos Association, characterized by 30-75% slopes , high erosion hazard, and underlying meta- morphosed hard sandstones and shales. Soils on the north- eastern slopes appear to be of the Hillgate-Soper Association R-76-20 Page two (15-30% slopes) having moderate erosion hazard, and clay sub- soils with very low permeability. These soils are suitable for orchards, pasture and vineyards . The San Andreas Fault Zone lies approximately one mile to the west of the site, while an unnamed fault appears to bisect the property in a north- south direction. (A Plan for the Monte Bello Ridge Mountain Area, 1974) . Vegetation and Wildlife: Generally, the eastern half and extreme southern third of the property support an oak woodland community, interspersed with pockets of chaparral. The hill towards the middle of the site is characterized by grassland along the crest with oaks occurring sporadically on the north- western exposures and chaparral dominating on the northern slopes. Common species in this area include: ceanothus , coyote bush, chamise, to on poison oak, live oak and bay. Approximately five drainage swales travel an east-west course towards Stevens Creek Reservoir. Slightly more lush riparian vegetation exists along these gullies. The remaining approx- imately 100 acres is either planted in orchard or vineyard, or is used for grazing. Constantly interchanging vegetative communities provide ex- cellent wildlife habitat. Wildlife associated with these plant communities would normally include the western fence lizard, mule deer, jackrabbits, pocket gophers and an abund- ance of birds , among others. Current Use and Development: Sixty to eighty acres of the site is devoted to orchards of prune, pear and apricot. Al- though the apricots and pears have been neglected for a year or so, the 15-year-old prune orchard is in good condition. Three areas of the ranch are leased to Ridge Winery for the production of zinfandel grapes , although only one acre is presently under cultivation. Eighteen head of cattle now graze the site. More cattle could be supported during years with average rainfall. Fences are in poor repair along most of the permimeter and non- existent along Stevens Canyon Road, and therefore would need replacement if grazing animals are to be maintained. A horse boarding operation occupies approximately ten acres along Montebello Road, supporting twenty horses, thirteen paddocks , a riding ring and two barns. The property's water system located north of the ranch building is exclusively spring-fed and in need of repair. The Santa Clara Valley Water District holds the water rights for a small spring, supplying one faucet at the County Park. The only continual source of surface water is a stock pond which R-76-20 Page three is generally full year round. The pond was always full prior to the 1906 earthquake and is completely dry this year due to the lack of rainfall. Other utilities include a large single cable (most likely a telephone line) bisecting the northeastern portion of the property. A number of trails and fire roads have been developed, primarily on the northern half of the property. There are signs of old roadbeds and trails leading up some of the swales along Stevens Creek Road. Inventory of Existing Structures - Refer to "C" on the attached map for the following: 1. The original house, built in the mid-1870 's , in fair condi- tion. 2. The "new" house, built in 1886 , in good condition. 3. The winery, finished in 1897 , in good condition. 4 . A barn adjacent to the winery, used for storage of equipment, vintage unknown, in fair condition. 5. A blacksmith shop, vintage unknown, in poor condition. 6. A garage and toolshed, vintage unknown, in fair condition. 7. A barn with six to eight tie stalls, tack room and large hay storage area, vintage unknown, in good condition. 8. Approximately twelve horse paddocks in fair condition. 9. A hay barn in dilapidated condition. 10. Three chicken coops in fair condition. 11. A riding ring, built four years ago, in good condition. 12. Fruit dehydrators in poor condition. Planning Considerations : The proposed land acquisition lies in unincorporated territ—ory within the jurisdiction of Santa Clara County. It is outside Cupertino's Urban Service Area but within the City's Sphere of Influence. The proposed acquisi- tion has been found by Santa Clara County to be in conformity with its General Plan. The Hillside General Plan which the City of Cupertino recently adopted includes a policy that public open space acquisition outside the Urban Service Area is in conformity with their General Plan. The more specific question having to do with MRPD acquisition is being considered by the Cupertino Planning Commission, and their response should be available by July 14 . Zoning on all of the parcels if A-10 (Agricultural - 10 acre minimum parcel size) and all are in a combined "Agricultural Preserve Zone" under the Williamson Act. The District's draft Master Plan indicates that acquisition of the site would have a moderate-high priority in the scoring and that it would conform to several of the open space acqui- sition policies set by the District's Board of Directors. R-76-20 Page four A Parks and Recreation Needs Assessment Survey taken by the City of Cupertino indicated that 76% of the people questioned favored open space preservation in the hillsides. Cultural History and Past Use: The Picchetti Ranch was es- tablished in the 1870 's by Vincenco Picchetti, a winemaker and native of Italy. He recognized the grape-growing potential of the hillside, which he named Monte Bello, and thus began vineyards and a winery that produced commercial sauternes and clarets until fifteen years ago. Automation, increased labor costs and taxes have since made vineyards unprofitable for the Picchettis. The brick winery still stands, however, as a reminder of the property's productive past. Four generations of the Picchetti family have worked the ranch and lived in the large yellow "new" house built in 1886 . The influence of the Picchettis has also been felt in the community where, until this year, at least one member of the family has served on the Montebello Elementary School District Board since the one-room Montebello Schoolhouse was built in 1892 . Potential Use and Management: The historic nature of the improvements , particularly the "new" house, small barn and winery, could provide a public educational resource if reha- bilitated and maintained in conjunction with an historic working farm operation, possibly through Future Farmers of America, the 4-H or one of the cities. The feasibility of re-establishing the winery, including tours and tasting, could be investigated. The continued productivity of the orchards and re-introduction of vineyards should be evaluated. Hopefully, these compatible uses could be prolonged and/or expanded. Grazing of cattle would also potentially benefit the site by reducing fire hazard and maintaining vegetative communities. Although the present public horse boarding operation would cease upon sale of the property, a possible small-scale operation could be considered if found to be within the management capabili- ties of the District. Low-intensity recreation such as hiking, picnicking and horse- back riding should be encouraged, as well as environmental education and cooperative day camp programs , possibley with the cities of Cupertino, Sunnyvale , Mountain View, Los Altos and others. Generally, existing floral and faunal communities should be maintained until further study. Grazing or the lack of it may slightly affect this within the next year. R-76-20 Page five Relationship to Regional Trails Plan: A proposed Montebello Ridge trail, shown on the Trails Task Force 's draft Regional Trail Corridor Plan for the District, would connect Stevens Creek Park and the Black Mountain Open Space Preserve. The proposed acquisition could directly or indirectly be a link in that trail corridor. Interim Use and Management Recommendations : 1. Within approximately six months from the date of acquisi- tion, the property should be opened for day use by hikers and equestrians. Permits would not be necessary at this time but regular patrol should be maintained. Access to the site would be provided from the County-maintained parking lot at Stevens Creek Park via a trail crossing Stevens Canyon Road (see "A" on map) . The currently used primary access to the property on Montebello Road will be closed until further studies of the area are completed. 2. Install a gate and fence and hiking stile to prevent motorcycle access and allow hiking access to the site at point "B" on the map. 3. Schools and other interested groups should be informed of the acquisition and of the potential use for environmental education programs. If such organizations wish to use the site, appropriate arrangements should be made with the District prior to site visits. 4. Arrange for a caretaker on the property coincidental with the Picchetti family's departure. 5. Discontinue the horse boarding operation until further study. Investigate the possiblity of continued cattle grazing to maintain vegetative communities and reduce fire hazard. 6. Designate buildings as "off limits" until they can be studied in terms of long range use and management. 7. Continue to investigate the feasibility of maintaining and/or reinstating orchards and vineyards. Terms : The Picchetti family has offered by option to sell approximately 200 acres of their property to the District for $500 ,000. The option provides for a $145 ,000 initial payment into escrow, with the $355,000 balance payable in five consecutive equal annual installments, plus 5 .9% inter- est on the unpaid balance due each anniversary beginning the first year from the close of escrow. The option price in- cludes payment for all the buildings on the site and any relocation costs for current occupants. R-76-20 Page six The District 's independent appraisal consultant recently placed a value of $600 ,000 on the property; consequently, the option price is recommended as very favorable. Recommendation: It is recommended that the Board of Directors adopted the attached Resolution of the Board of Directors of the Midpeninsula Regional Park District Authorizing Exercise of Option to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Docu- ments Necessary or Appropriate to Closing of the Transaction (Picchetti Property) . It is further recommended that the Board adopt the interim use and management recommendations contained in this report. No name for the site is being recommended at this time but will be when the use and management plan is presented to the Board. HG:acc r 385 In ]PLANTI/`1 4 �' �;�� if r Monta Vista�SrI��� l Course 0 9 0 GoaAj - soo P E I� ION i I o STEVENS CREEK - - .... m ... COUNTY PARK � i � I � � � r ••. � � � ��i' �C��� Y *dill!v=i� Ooo -- - PROPOSED ACQUISITIOf 1� 60o O313 �' tk l9BQ � s r i� 1 0 \ `"mil.- \ � ✓� m <� 1.4 12 aoMfwT ND. Cup ti erno 2 I40o - oo Qv o/ Permanent \'9 1< s 1 _ / _�00 ���/v�� ! r• 9upN / se CREEN X/706�\ TE 1.8 v� McCLEL N EVE RID p 57 Sri„is �o ��rk N-.�. RD. STEV STEVENS W PROSPECTI.9 GR W CREEK ( \ Ca PAAN 28 cox MT. airnDet Iy00 L — �" 1.6: 13 wesT E k�aw..TDaA Co uAr • ° q a �s+ Saratoga W°"E�E _� xD�r,uTe •o �� STATE °.•r qsr _ .y �rttA `4, AGRICULTURAL AREA l A r RETUM / ./�� I CASlLEIROC � - J I _ RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL PARK DISTRICT AUTHORIZING EXERCISE OF OPTION TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (PICCHETTI PROPERTY) The Board of Directors of the Midpeninsula Regional Park District does resolve as follows : Section One. The Board of Directors of the Midpeninsula Regional Park District does hereby accept the offer contained in that certain option agreement between Josephine Picchetti and Anita Picchetti and the Midpeninsula Regional Park District dated June 25, 1976 , and authorizes the President to give written notice of such acceptance. Section Two. The President of the Board or other appro- priate officer is authorized to execute a certificate of accept- ance to any deed granting title to said property. Section Three. The General Manager of the District is authorized to execute any and all other documents in escrow neces- sary or appropriate to the closing of the transaction. I I I I I I I I R-76-19 (Meeting 76-20, Agenda Item No. 2) MIDPENINSULA REGIONAL PARK DISTRICT REPORT July 7 , 1976 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Stevens Creek-Shoreline Nature Study Area Grant Introduction: On June 11, 1975, the Board of Directors adopted a resolution which authorized staff to apply for a federal Land and Water Conservation Fund grant for the purchase of a 54-acre parcel of land in the Sunnyvale-Mountain View Baylands (see map) . Discussion: The District has been advised by the Bureau of Outdoor Recreation that the grant application has been approved, following favorable recommendation by the State Department of Parks and Recreation. The District is therefore eligible to receive up to $208 , 000 in funding for acquisition of this pro- perty. The District previously was granted about $100, 000 in Land and Water funds toward acquisition of Permanente Creek Park. The Bureau of Outdoor Recreation has requested the Board of Directors to adopt a resolution authorizing the General Manager of the District to execute a Project Agreement between the District and the State Department of Parks and Recreation, which will formalize the completion of the approval process . A copy of the agreement is attached to the resolution. It should be pointed out that the District, in a unique arrange- ment, has been able to use the gift portion of the North Foot- hills Open Space Preserve Addition as matching funds for the Baylands grant, thus keeping the cost of acquisition to the District at a minimum. It is anticipated that the 54-acre site, which is one of the few remaining natural areas in the Sunnyvale-Mountain View Baylands, will complement planned developed park facilities in that part of the District. The site should provide an excellent opportunity for walking, nature study and formal environmental education programs, and for preservation of the wildlife and natural vegetation. July 7, 1976 R-76-19 Recommendation: It is recommended that the Board adopt the attached Resolution of the Board of Directors of the Midpenin- sula Regional Park District Approving and Providing for the Execution of a Project Agreement for Land and Water Conserva- tion Project No. 06-00467 , Stevens Creek Shoreline Acquisition, by and between the Midpeninsula Regional Park District and the State of California, Resources Agency, Department of Parks and Recreation. The resolution will authorize the General Manager to execute the Project Agreement. HG:jg r 16 i Q i a SALT /' EVAPOP, AT;ORS I z pic _ TiC ulsit1kQ. 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A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL PARK DISTRICT APPROVING AND PROVIDING FOR THE EXECUTION OF A PROJECT AGREEMENT FOR LAND AND WATER CONSERVATION FUND PROJECT NO. 06-00467 , STEVENS CREEK SHORELINE ACQUISITION, BY AND BETWEEN THE MIDPENINSULA REGIONAL PARK DISTRICT AND THE STATE OF CALIFORNIA, RESOURCES AGENCY, DEPARTMENT OF PARKS AND RECREATION The Board of Directors of the Midpeninsula Regional Park Dis- trict resolves as follows : Section One. The Project Agreement attached hereto as Exhibit A between the Midpeninsula Regional Park District and the State of California, the terms of which provision is made for federal reimbursement of an amount not to exceed $212 ,310. 00 under the provisions of the Land and Water Conser- vation Fund Act of 1965 for the acquisition of Project No. 06-00467 , Stevens Creek Shoreline Acquisition, as described below, The Midpeninsula Regional Park Dis- trict will acquire 53. 9+ acres of land for a regional recreation and nature study area. The site is located one and one-half miles north of the inter- section of the Bayshore Freeway and Stevens Creek near the City of Mountain View in Santa Clara County. The Dis- trict will also acquire a 69.9+ acre parcel for public outdoor recreation purposes through a gift donation and District funds . The value of the 69. 9+ acre parcel will be used as the matching portion of the federal share. The parcel is located on Page Mill Road between Moody Road and Alpine Road in Palo Alto. is hereby approved in all respects. Section Two. The General Manager of the Midpeninsula Regional Park District is hereby authorized and directed to execute five copies of said Project Agreement. Section Three. The District Clerk of the Midpeninsula Regional Park District shall certify to the passage of this Resolution by the Board of Directors and it shall thereupon take effect. EXHIBIT A STATE OF CALIFORNIA Department of Parks and Recreation PROJECT AGREEMENT Land and Water Conservation Fund Program Project Title Steven' s Creek Shoreline Acquisition Participant Midpeninsula Regional Park District Project Number 06-00467 Project Period 5/20176 to 12131/79 Project Scope: The Midpeninsula Regional Park District will acquire 53.9+ acres of land for a regional recreation and nature study area. The site is located one and one-half miles north of the intersection of the Bayshore Freeway and Stevens Creek near the City of Mountain View in Santa Clara County. The District will also acquire a 69.9+ parcel for public outdoor recreation purposes through a gift donation and District funds. The value of the 69.9 acre parcel will be used as the matching portion of the federal share. The parcel is located on Page Mill Road between Moody Road and Alpine Road in Palo Alto. Stage Covered by This Agreement Complete Project Cost: Total Estimated Direct Project Cost (as shown in Project Proposal) $ 420,000 Surcharge--State Administrative Assessment 1 . 1 % of line 1 (subject to adjustment, see paragraph 2, page 2) $ 4,620 Total Project Costs Eligible for Federal Funding $ 474 Ago (3) Federal Participation--50% of line (3) or 50% of actual costs whichever is the lesser $ 212,310 (4) The attached contract terms consisting of 5 pages are made a part of and incorporated into this Agreement. Midpeninsula Regional Park District PARTICIPANT By Title STATE DEPARTMENT OF PARKS AND RECREATION Date By By. Date Title Date CONTRACT TERMS The State Liaison Officer for the Land and Water Conservation Fund and the Midpeninsula Regional Park District , hereinafter referred to as the Participant, mutually agree to perform this agreement in accordance with the Land and Water Conservation Fund Act of 1965, 78 Stat. 897 (1964) . The State of California hereby promises, in consideration of the promises made by the Participant herein, to accept appropriated Federal Funds for the purposes of the Project and disburse the same to reimburse the Participant 50 percent of the eligible Project cost not to exceed 50 percent of the direct Project cost shown in this agreement; except for a surcharge for administrative costs to be applied to the total estimated direct Project costs as shown above. The surcharge is to be deducted from the reimbursements received from the Federal Government applicable to this Project and will be computed at the Federally approved surcharge rate in effect at the time the billing is submitted to the Federal Government but not to exceed 3%. It is understood by the parties hereto that this agreement shall not obligate State of California funds for the Project costs described herein. The Participant hereby promises, in consideration of the promises made by the Liaison Officer herein, to execute the Project stage described herein, in accordance with the terms of this agreement. Any disbursement hereunder shall not be made unless and until funds therefor are received by the Liaison Officer from the Bureau of Outdoor Recreation. The following special Project terms and conditions were added to this agreement before it was signed by the parties hereto and any deviations from or changes in the Project shall be accomplished only through written consent of the parties concerned: ; The Participant will permanently display in a conspicuous place a bronze plaque which acknowledges Land and Water Conservation Fund assistance.. The plaque will be furnished by the State Department of Parks and Recreation subsequent to review and approval of plans and specifications. The plaque will be displayed in the area assisted by federal funds prior to final payment. The Participant agrees to comply with the terms and intent of the Uniform Relo- cation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970) and the applicable regulations and procedures of the Department of the Interior implementing such Act, and Chapter 16, of Div. 7, Title 1 of the Gov. Code, State of California. Where applicable, the Participant agrees to comply with the terms and intent of the Flood Disaster Protection Act of 1973 (Public Law 93-234) and all applicable regulations and procedures implementing that Act. Funds will not be disbursed until the State receives and approves evidence of a joint use agreement between the Midpeninsula Regional Park District and the Santa Clara Valley Water District permitting permanent public access to project lands. LP t M s A. DEFINITIONS 1. The term"BOR"as used herein means the Bureau of Outdoor Recreation,United States Department of the Interior. 2. The term "Director" as used herein means the Director of the Bureau of Outdoor Recreation, or any representative lawfully delegated the authority to act for such Director. 3. The term "Liaison Officer"as used herein means the California Director of Parks and Recreation,or other State",'icer as designated by the Governor from time to time and authorized by the State Legislature. 4. The term "Manual" as used herein means the Bureau of Outdoor Recreation Manual. (Outdoor Recreation Grants-In-Aid Manual) 5. The term "Project" as used herein means the project or project segment which is the subject of this agreement as defined in the project proposal. 6. The term "Project Proposal" as used herein means the form and all supplemental attachments used to describe and estimate the cost of a planning, acquisition, or development project filed with the Liaison Officer in support of an application for federal financial assistance. 7. The term "State" as used herein means the State of California and/or its official representative, the Department of Parks and Recreation. 8. The term "Participant" as used herein shall mean the recipient of the federal funds to be disbursed in accordance with the terms of this agreement. 9. The term "Federal Funds" as used herein means those monies made available by the United States of America as matching money for projects under the Land and Water Conservation Fund Act of 1965,78 Stat.897(1964). B. PROJECT EXECUTION 1. The Participant shall at no cost to the State execute, complete, operate and maintain the approved Project in accordance with the Manual, the Project Proposal, and the plans and specifications applicable,which documents are on file in the office of the Liaison Officer and made a part hereof. Failure to render satisfactory progress or to complete this or any other project which is the subject of Federal assistance under this program to the satisfaction of the Director or Liaison Officer may be cause for the suspension of all obligations of the United States and the State under this agreement. 2. The Participant shall indemnify the State of California and its officers,agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liability due to, or arising out of, either in whole or in part, whether directly or indirectly,the organization,development,construction,operation,or maintenance of the Project. 3. in the event of default by the Participant which default is not cured by the Participant within thirty (30) days after receipt of written notice from the Liaison Officer,the State may in addition to any other remedies take possession of the Project and construct, operate or maintain the Project as the State may deem necessary to fulfill requirements of the Federal Government,and the Participant agrees to reimburse the State for any costs or expenses incurred by the State thereby. 4. Construction contracted for by the Participant shall meet the following requirements: (a) Contracts for construction in excess of $10,000 shall be awarded through a process of competitive bidding. Copies of all bids and a copy of the contract shall be retained for inspection by the Director or Liaison Officer. (b) The Participant shall inform all bidders on contracts for construction in excess of$10,000 that Federal Funds are being used to assist in construction. (c) Written change orders to contracts for construction in excess of$10,000 shall be issued for all necessary changes in the facility.Such orders shall be made a part of the project file and shall be kept available for audit. (d) The Participant agrees to comply with the Civil Rights Act of 1964 and Executive Order No. 11246 and shall incorporate,or cause to be incorporated, into all construction contracts the following provisions: "During the performance of this contract,the contractor agrees as follows: "(1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color,religion,sex,or national origin.The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment,without regard to their race, creed, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination;rates of pay or other forms of compensation; and selection for training, including apprenticeship.The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 3 LP i "(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration for employment without regard to race, creed,color,religion,sex,or national origin. "(3) The contractor will send to each labor union or representative or workers with which he has a collective bargaining agreement or other contract or understanding, a notice,to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24,1965,and shall post copies of the notice in conspicuous,_'-ces available to employees and applicants for employment. "(4) The contractor will comply with all provisions of Executive Order No.11246 of September 24, 1965,and of the rules,regulations,and relevant orders of the Secretary of Labor. "(5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations,and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books,records,and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and orders. "(61 In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled,terminated,or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in acccordance with procedures authorized in Executive Order No. 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation,or order of the Secretary of Labor,or as otherwise provided by law. "(7) The contractor will include the provisions of Paragraphs(1)through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in,or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the United States to enter into such litigation to protect the interests of the United States." I (a) The Participant shall: (1) comply with the above provisions in construction work carried out by itself; (2) assist and cooperate actively with the BOR and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the above contract provisions and with the rules, regulations,and relevant orders of the Secretary of Labor; (3) obtain and furnish to the BOR and to the Secretary of Labor such information as they may require for the supervision of such compliance; (4) enforce the obligation of contractors and subcontractors under such provisions, rules, regulations and orders; (5) carry out sanctions and penalties for violation of such obligations imposed upon contractors and subcontractors by the Secretary of Labor or the BOR pursuant to Part 11,Subpart D, of Executive Order No. 11246 of September 24, 1965;and (6) refrain from entering into any contract with a contractor debarred from Government contracts under Part 11,Subpart D,of Executive Order No. 11246 of September 24, 1965. 5. The Participant shall secure completion of the work in accordance with the approved construction plans and specifications,and shall secure compliance with all applicable Federal,State and local laws and regulations. 6. The Participant shall permit periodic site visits by the Liaison Officer and/or Director to ensure work progress in accordance with the approved Project,including a final inspection upon Project completion. 7. In the event funds should not be available for future stages of the Project, the Participant shall bring the Project to a point of usefulness agreed upon by the State and BOR. B. All significant deviations from the Project proposal shall be submitted to the Liaison Officer prior to approval. 9. The acquisition cost of real property shall be based upon the appraisal of a competent appraiser. The reports of such appraisers shall be available for inspection by the Liaison Officer upon request. 10. Development plans and specifications shall be available for review by the Liaison Officer upon request. 11. If any tract or parcel of,or interest in,real property subject to being purchased under the provisions of this agreement, but not identified herein, is found by the Director for any reason not to be suitable for Federal assistance, all obligations of the United States hereunder shall cease as to such parcel,tract or interest. I I 4 LP r�- C. PROJECT COSTS Project costs eligible for assistance shall be determined upon the basis of the criteria set forth in the Manual. D. PROJECT ADMINISTRATION 1. The Participant shall promptly submit such reports and in such form as the Liaison Officer may request. 2. Property and facilities acquired or developed pursuant to this agreement shall be available for inspection by the Director and the Liaison Officer. 3. Interest earned on funds granted pursuant to this agreement shall not be available for expenditure by the Participant but shall be disposed of according to instructions issued by the Director. E. PROJECT TERMINATION 1. The Participant may upon written notice to the Liaison Officer unilaterally rescind this agreement at any time prior to the commencement of the Project. After Project commencement, this agreement may be rescinded, modified, or amended only by mutual agreement. A project shall be deemed commenced with the Participant makes any expenditure or incurs any obligation with respect to the Project. 2. Failure by the Participant to comply with the terms of this agreement or any similar agreement may be cause for the suspension of all obligations of the United States or the State hereunder. 3. Failure by the Participant to comply with the terms of this agreement shall not be cause for the suspension of all obligations of the United States or State hereunder if, in the judgment of the Director, such failure was due to no fault of the Participant. In such case, any amount required to settle at minimum costs any irrevocable obligations properly incurred shall be eligible for assistance under this agreement. 4. Because the benefit to be derived by the United States from the full compliance by the Participant with the terms of this agreement is the preservation,protection, and the net increase in the quantity and quality of public outdoor recreation facilities and resources which are available to the people of the State and of the United States, and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the United States by way of assistance under the terms of this agreement, the Participant agrees that payment by the Participant to the United States of an amount equal to the amount of assistance extended under this agreement by the United States would be inadequate compensation to the United States for any breach by the Participant of this agreement. The Participant further agrees, therefore,that the appropriate remedy in the event of a breach by the Participant of this agreement shall be the specific performance of this agreement. F. CONFLICT OF INTEREST I 1. No official or employee of the State or Participant who is authorized in his official capacity to negotiate,make,accept, or approve, or to take part in such decisions regarding a contract or subcontract in connection with this Project shall have any financial or other personal interest in any such contract or subcontract. 2. No person performing services for the Participant in connection with this Project shall have a financial or other personal interest other than his employment or retention by the Participant, in any contract or subcontract in connection with this Project. No officer or employee of such person retained by the Participant shall have any financial or other personal interest in any real property acquired for this Project unless such interest is openly disclosed upon the public records of the Participant,and such officer, employee or person has not participated in the acquisition for or on behalf of the Participant. 3. No member of or delegate to Congress shall be admitted to any share or part of this agreement, or to any benefit to arise hereupon,unless such benefit shall be in the form of an agreement made with a corporation for its general benefit. 4. The Participant shall be responsible for enforcing the above conflict of interest provisions. G. HATCH ACT No officer or employee of the Participant whose principal employment is in connection with any activity which is financed in whole or in part pursuant to this agreement shall take part in any of the political activity prescribed in the Hatch Political Activity Act,5 U.S.C. 118 k,with the exceptions therein enumerated. H. FINANCIAL RECORDS 1. The Participant shall maintain satisfactory financial accounts,documents,and records,and shall make them available to the State and/or BOB for auditing at reasonable times.Such accounts, documents, and records shall be retained by the Participant for three years following project termination. 2. The Participant may use any generally accepted accounting system, provided such system meets the minimum requirements set forth in the Manual. 6 LP 1. USE OF FACILITIES 1. The Participant shall not at any time convert any property or facility acquired or developed pursuant to this agreement to other than a public outdoor recreation use without the prior approval of the Liaison Officer and the Director. 2. The Participant shall maintain all property so as to appear attractive and inviting to the public.Sanitation and sanitary facilities shall be maintained in accordance with applicable State and local public health standards.Properties shall be kept reasonably safe for public use. Fire prevention, lifeguard and similar activities shall be maintained at levels reasonable to prevent loss of th.!ives of users. Buildings, roads, trails and other structures and improvements shall be kept in reasonable repair throughout their estimated lifetime so as to prevent undue deterioration. All maintenance and operations shall be in accordance with the standards set forth in the Manual. 3. The Participant shall not discriminate against any person on the basis of race,color,or national origin in the use of any property or facility acquired or developed pursuant to this agreement,and shall comply with the termsand intent of Title VI of the Civil Rights Act of 1964, P.L. 88-352 (1964), and of the regulations promulgated pursuant to such Act by the Secretary of the Interior and contained in 43 CFR 17. 4, The Participant shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. J. MANUAL The Participant shall comply with the policies and procedures set forth in the Bureau of Outdoor Recreation Manual.Said Manual is hereby incorporated into and made a part of this agreement. ill LP M-76-113 AA, (Meeting 76-20 , Agenda item No. 4) MIDPENINSULA REGIONAL PARK DISTRICT MEMORANDUM July 9 , 1976 TO: Board of Directors FROM: H. Hanko, President SUBJECT : Possible Rescheduling of July 28 Meeting The possible rescheduling of the July 28 meeting has been placed on the agenda to maximize the number of Directors at the second regular meeting in July, considering Board members ' vacation schedules . July 22 is one alternative date which might be considered. REVISED C-76-12 July 14 , 1976 Meeting 76-20 MIDPENINSULA REGIONAL PARK DISTRICT C L A I M S # Amount Name Description 2015 $1,000. 00 Fortney Stark Acquisition services 2016 196.00 Norney' s Office supplies 2017 245. 60 Hubbard & Johnson Field supplies 2018 61. 55 Kelly Services, Inc. Secretarial help 2019 409.36 Pacific Telephone Telephone 2020 20.80 Carl R. Carlsen, Inc. District vehicle expense 2021 45.70 San Jose Art Office supplies 2022 32.90 Young & Associates Office supplies 2023 1,142.72 Alco Paramount Radio equipment 2024 287 . 00 Curtis Lindsay Inc. Office equipment 2025 18 .55 Keeble and Shuchat Office supplies 2026 1!05.25 Western Title Insurance Co. Policy fee 2027 45. 00 Geological Survey Maps 2028 7 .60 Pargas of San Jose Utilities 2029 500 .00 John & Hanna Anderson Relocation expense 2030 52. 95 Brooks Cameras Office equipment 2031 602.17 Xerox Corporation Duplicating 2032 10 .72 P G & E Utilities 2033 1,062 .52 Stanley Norton Extraordinary legal services $1,057 .32 June expenses 5 .20 2034 38 .50 The Country Almanac Legal advertising 2035 124.74 Nowels Publications Legal advertising 2036 67 .32 San Mateo Times Legal advertising 2037 35.94 Orchard Supply Hardware Field supplies 2038 120.00 William Spangle & Associates Professional services 2039 4 ,710 .33 County of San Mateo Election expense 2040 1,816.49 State Compensation Insurance premium Insurance Fund 2041 260.49 Palo Alto Firestone District vehicle expense 2042 32. 00 Central Radio Telephone Telephone 2043 107 .78 Peninsula Newspapers Inc. Legal advertising 2044 17. 00 Superintendent of Documents Reports MIDPENINSULA REGIONAL PARK DISTRICT C L A I M S # Amount Name Description 2045 $ 28.15 H. Grench Meal conference 2046 157 . 42 J. Olson District vehicle exp. $ 10 .50 Field supplies - 146.92 2047 45.26 N. Hanko Expenses 2048 37 . 50 Eminent Domain Institute Registration fee 2049 15. 00 City of Palo Alto City Council Agendas 2050 1;320.50 Rogers, Vizzard & Tallett Legal services 2051 200. 00 Lisa Anderson Professional services 2052 130. 21 Techni-Graphics, Inc. Printing 2053 22. 74 Peninsula Blueprint Maps 2054 281. 43 Western Fire Equipment Co. Field equipment 2055 399. 49 County of Santa Clara Equipment installation Communications Dept. 2056 27 . 15 B. Clifford Private vehicle exp. $21.15 Meal conferences 6 .00 2057 110.00 C. Caddes Photographs 2058 70 . 80 Peninsula Newspapers, Inc. Legal advertising 2059 68.35 E. Jaynes Private vehicle exp. $58 .35 Meal conference 3 .00 Recording fee 7 .00 2060 125.64 Petty cash Meal conferences $43.19 Office supplies 42.75 Postage 8.48 Field supplies 8 .00 Private vehicle exp. 15.15 District vehicle exp. 8.07